Probiotics patenting-trends

in indiaNARENDRA BHATTA

HL ,FOUNDER&

DR. ANJU RAWAT

10 April 2014

introduction

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Probiotics are Live microorganisms which when administeredin adequate amounts confer a health benefit on the host. Probiotics have been shown to have beneficial effects againstvarious diseases and disorders, most common are:

• Gastrointestinal disorders• Allergies- Skin, respiratory, food• Cardiovascular diseases• Metabolic disorders like Diabetes• Obesity and overweight• Urinogenital infections• Kidney disorders• Neurological disorders. www.freefromsupplements.com

Patentable subject matter

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Inventions in the field of probiotics include

Method for isolating/extracting/conditioning/modifying

live micro-organisms including various strains of bacteria

and yeast

New strains of bacteria and yeast

Compositions/formulations/products comprising micro-

organisms

Use of probiotics

Criteria for patentability

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The relevant sections of the Patent Act applicable for

ascertaining patentability of probiotic related invention are:

Section 3(c): the mere discovery of a scientific principle

or the formulation of an abstract theory or discovery of

any living thing or non-living substance occurring in

nature.

Contd..

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Section 3(d): the mere discovery of a new form of a

known substance, which does not result in the

enhancement of the known efficacy of that substance or

the mere discovery of any new property or new use for a

known substance or mere use of a known process,

machine or apparatus unless such known process results in

a new product or employs at least one new reactant.

Contd..

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Section 3(i): any process for the medicinal, surgical,

curative, prophylactic [diagnostic, therapeutic] or other

treatment of human beings or any process for a similar

treatment of animals to render them free of disease or to

increase their economic value or that of their products;

Contd..

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Section 3(j):plants and animals in whole or any part

thereof other than micro organisms but including seeds,

varieties and species and essentially biological processes

for production or propagation of plants and animals;

Section 3(p): an invention which, in effect, is traditional

knowledge of which is an aggregation or duplication of

known properties of additionally known component or

components.

trends

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Applicable international classes

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Applicable international classes(IPC) for probiotic related Inventions :

A23C A23L A23K A47GA61K A61L A61M A61P Other related classes :

C12N C12P C12Q C12R

methodology

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Data Base Searched: Indian Patent Office

Time span: From 01.01.2002 to 01.03.2014

Patents searched were normalized manually for devices

for delivering probiotics and probiotics as animal feed.

Note: PCT applications which have designated India but

have not entered National phase are not included.

Publication v/s grant Countrywise trends

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Switz

erland

Japan

Sweden

USA Italy

France

0

5

10

15

20

25

30

35

40

Granted Patents

Published Applications

Publication v/s grant Yearwise trends

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2002

2004

2006

2008

2010

2012

2014

0

5

10

15

20

25

30

35

40

45

50

Published ap-plicationsGranted Patents

Top 5 companies(india)

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CSIR HLL ICAR COCHIN UNIV.OF SCI

& TECH

AMITY UNIV.012345678

Top 5 companies(international)

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NESTEC S.A.

PROBI AB DANONE YAKULT BIOGAIA AB

0

5

10

15

20

25

30

35

40

Top 5 technology areas

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New microbial strains

Probiotic formulations for preventing /treating various

diseases

Probiotic compositions as targeted drug delivery system

Fortification of food stuffs with probiotics

eg: corn, soyabean, coffee beans

Kits for administering probiotics

conclusion

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Probiotic is still an underexplored field in India.

Total number of patents granted in the field of probiotics are 42 and total number of published applications are 207.

A major portion of patents granted and published patent application are national phase applications.

Nestec S. A.,the global leader in patent filing, continues to dominate the Indian patent filing.

In India the government funded research establisment CSIR, leads the patent filing.

Note to applicants:

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Applicants should ascertain, that the subject matter in respect of which a patent is sought, does not fall under the exclusions mentioned in The Patent Act.

Deposition of the microorganism isolated/ conditioned/ extracted/modified should be at MTCC Chandigarh or Pune. Applicants are advised to follow guidelines for

examination of Biotechnology applications for patents released by Indian Patent Office.

disclaimer

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